The mandatory Department of Labor step before most employer-sponsored EB-2 and EB-3 Green Cards. Attorney Shair manages the complete PERM process — from Prevailing Wage to DOL certification — with meticulous compliance.
PERM (Program Electronic Review Management) is the process administered by the U.S. Department of Labor (DOL) that must be completed before most employer-sponsored employment-based Green Cards (EB-2 and EB-3) can be filed with USCIS. Through PERM, the employer must demonstrate — through a formal, documented recruitment process — that no qualified, willing, and available U.S. worker exists for the offered position at the prevailing wage.
PERM is a highly compliance-driven process. The job description must be carefully drafted, the recruitment steps must be precisely followed, all U.S. applicants must be evaluated and documented, and the ETA-9089 must be filed accurately and completely. DOL audits PERM applications and any deficiency in recruitment documentation or application accuracy can result in denial — with a mandatory 2-year waiting period before refiling.
"PERM is not just paperwork — it is a legal compliance process where every detail matters. Attorney Shair manages every step with the precision required to minimize audit risk and maximize the probability of first-time certification."
PERM (Program Electronic Review Management) is the Department of Labor's process for certifying that a U.S. employer has conducted a good-faith recruitment effort and was unable to find a qualified, willing, and available U.S. worker for the offered position at the prevailing wage. It is required before most employer-sponsored EB-2 and EB-3 Green Card petitions because U.S. immigration law requires employers to demonstrate that sponsoring a foreign worker will not adversely affect the wages and working conditions of similarly situated U.S. workers.
PERM processing involves multiple stages: (1) Prevailing Wage Determination — 4–6 months from NPWC; (2) Recruitment process — minimum 60 days (30-day job posting + 30-day holding period); (3) DOL processing of ETA-9089 — currently 6–18 months. In total, PERM can take 12–24+ months from start to approval. If DOL issues an audit, additional time is required. Attorney Shair manages the entire timeline and keeps employers and employees informed at every stage.
DOL selects cases for audit randomly and based on specific triggers — including job description requirements that appear tailored to the foreign worker's specific qualifications, wages significantly above or below the prevailing wage, inconsistencies in the application, and high-risk industry sectors. An audit requires the employer to produce documentation of every recruitment step within 30 days. Attorney Shair maintains meticulous recruitment records throughout the process specifically to be audit-ready at all times.
No — the foreign worker cannot participate in the PERM recruitment process in any way. The employer must conduct all recruitment independently, without direction or assistance from the beneficiary. The beneficiary also cannot apply for the position during the recruitment period. Any involvement by the beneficiary in the recruitment process — even reviewing resumes — can be grounds for PERM denial. Attorney Shair provides clear guidance to both employers and employees on these strict prohibition rules.
PERM is one of the most compliance-intensive processes in immigration law. A single error in the job description, a missed recruitment step, inadequate documentation, or improper handling of U.S. applicants can result in PERM denial — with no right to appeal and a potential 2-year waiting period before refiling. Attorney Shair manages every step of the PERM process from PWD through certification, maintaining audit-ready documentation throughout.
Attorney Shair manages every step of PERM with meticulous compliance — from Prevailing Wage to DOL certification. Free consultation for employers and employees.